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RIAA Drops Case, Should Have Sued Someone Else

NewYorkCountryLawyer writes "Once again the RIAA has dropped a case with prejudice, this time after concluding it was the defendant's daughter it should have sued in the first place. In the case of Lava v. Amurao, mindful that in similar scenarios it has been held liable for the defendant's attorney fees (Capitol v. Foster and Atlantic v. Andersen), the RIAA went on the offensive. In this case there was actually no attorney fee motion pending, making their motion all the more intriguing. The organization argued that it was the defendant's fault that the record companies sued the wrong person, because the defendant didn't tell them that his daughter was the file sharer they were looking for."

5 of 195 comments (clear)

  1. Oh, suuure, they'd have listened. by KublaiKhan · · Score: 5, Interesting

    "It wasn't me! It was her!"

    How often do you suppose they hear that? And has it -ever- worked?

    Out of curiosity...I know that there's a principle where spouses cannot be forced to incriminate one another; does this sort of thing extend to children?

    --
    In Xanadu did Kubla Khan
    A stately pleasure dome decree
  2. Re:Stupid RIAA by Archangel+Michael · · Score: 4, Interesting

    How about a class action lawsuit against RIAA. I don't care what we call it.

    Its time to fight fire with fire ... scorched earth warfare! May they all burn in Hell (apologies to all the atheists and agnostics).

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  3. I'm not obligated to help you by Migraineman · · Score: 4, Interesting

    If you ask me "did you download this file/commit this crime/say this phrase yesterday?" and I answer "no," I am under no further obligation to assist you. I may know that Joe over there is who you're looking for, but you failed to ask the proper question. You asked a specific question, and I gave a specific answer. Don't get all pissy at me and start claiming that "lie of omission" bullcrap. There is no such thing (more specifically, it's an ethical issue rather than a legal one, but that's a rant for another thread.) Ask the proper question next time. I can't read your mind, and until I can, there's no way for me to know what information you really want unless you ask for it.

  4. Yeah! Let's drive RIAA affiliates out of business! by Anonymous Coward · · Score: 5, Interesting

    How about we stop buying their shit?

    Done. I haven't knowingly purchased RIAA affiliated music in years. Yet I still buy and download quite a lot of non-RIAA music. I don't even listen to those radio stations anymore. You know the ones... they play the same 50 RIAA songs all week long. I listen to my local college station. Not every song they play is a hit, but you're guaranteed to hear different music every day. Don't have a decent college station? You can even listen online! Here's my local station. They're awesome. They even stream in ogg. Their playlist is online too, so when you hear a song you like, it's easy to check for RIAA-ness. If the RIAA bastards have anything to do with the music, just don't buy it. According to iTunes, I've purchased 12 songs this month. Not one thin dime went to RIAA affiliates.

    PS. Fuck You U2. After reading your press release of late, I will never buy your shit. EVER. Nothing you can say or do will change that. You've joined the ranks of Metallica. Go straight to hell. I hope you get hit by a bus the next time you cross the street. You have the gall to ask "Who's got our money and what can we do?" Allow me to answer that here, since I'm required to join you website to send you feedback: "Who's got our money" The customer has the money. It isn't yours unless earn it. "What can we do?" You can drop dead. I'll never buy your music. I'll never support you in any way. I will will actively discourage anyone I know who might. Big mistake assholes. One happy customer might tell one person. One angry customer will tell everyone he knows.

  5. Re:Squeal or else! by NewYorkCountryLawyer · · Score: 4, Interesting

    So now the RIAA can just sue anyone who happens to be in the vicinity of illegal file sharing and blame the defendent when they don't rat out the real offender? That's their philosophy in a nutshell.
    --
    Ray Beckerman +5 Insightful